Public Protection Committee 14 October 2003

Report of Borough Solicitor Directorate: Chief Executive and Town Clerk Author/Contact Officer: Mr P Bayliss Licensing Enforcement Officer Tel: 01604 837837 ext 7099

Title of Report Private Hire Vehicle. Introduction of age policy. Private Hire Vehicle. Increase of engine size.

Purpose

1. To request the Committee consider whether it is appropriate that an age policy be introduced in respect of Private Hire Vehicles.
2. To request that Committee consider whether it is appropriate to increase the minimum engine size of a Private Hire Vehicle from the present 1300 cc to 1600 cc.

Recommendations That all vehicles be subject to an age policy when application is made for a Private Hire Vehicle Licence.

That all Private Hire Vehicles have an engine capacity of at least 1600 cc.

Background Members will recall that there are two trades providing exclusive driver and car hire services.

(a) Taxis which ply for hire from taxi ranks (hackney carriages) and can be hired in the streets; and (b) Private Hire Vehicles, which must be pre-booked by telephone or by calling in person at the operator’s office (mini-cabs).

The Councils current policy with regard to Hackney carriages (October 1997) is that they must all be less than 3 years old when licensed for the first time. There is no upper age limit placed on these vehicles. These are, however, a purpose built vehicle and as such are generally more robust than the average family saloon.

Private Hire Vehicles are usually “normal” vehicles representative of the private car fleet eg medium/large saloon cars, people carriers with up to 8 passengers capacity and some limousine type vehicles for specialist hire. Our policy being a vehicle, 4 door saloon or estate of not less than 1300 cc, and other nominated specialist vehicles.

The licensing authority may not restrict the number of such vehicles.

The Council has no policy at present as regards the age of Private Hire Vehicles.

A number of Councils have introduced an age policy with regard to these vehicles, all have proved successful in improving the quality of Private Hire vehicles and enhancing the image of the trade in general. There has also been a noticeable decrease in the failure rate when these vehicles are tested. Daventry introduced an age policy in 1995, both Kettering and Wellingborough more recently.

There is no doubt that having an age policy in respect of Hackney Vehicles has helped to maintain a fleet of vehicles that are a credit to the licence issuing authority.

Recommendations

The proposal is that with effect from 1 January 2004 any Private Hire Vehicle licensed for the first time will be no more than 3 years old from the date of registration and, provided the quality remains, the vehicle will be licensed for a further 5 years.

The maximum age of a licensed vehicle will be no more than 8 years from the date of first registration.

It is also recommended that the minimum CC of any new vehicle should be increased from the present 1300cc to 1600cc.

A vehicle suitable for licensing as a Private Hire Vehicle can be purchased for an average price below £5,000 depending on the make and model.

Not only is this in line with most other authorities but also takes into consideration the diversity of journeys that these vehicles now have to make. Initially Mini-Cabs were as the name implied, small cars making short journeys. This has now changed and a great deal more is expected from each individual driver and vehicle. On the request of the hirer airport runs are a part of everyday life and a two to three hundred mile round trip is not unusual. An engine of a reasonable size is essential for both the safety and comfort of passengers and drivers.

It is recommended that the seat width condition remains the same. Vehicles of exceptional condition and low mileage will still be considered for a licence but each vehicle will be assessed on its own merits.

It is considered important that for reasons of public safety and quality control the same standards should apply to both hackney carriage and private hire vehicles.

It is the responsibility of the Local Authority to ensure that members of the public travel in a comfortable, safe and secure environment. It is recognised that any vehicle used as a Private Hire Vehicle becomes a “tool of the trade” and takes on an arduous life covering over five times the UK average vehicle mileage. The vehicle is normally used for both Private Hire and personal use.

A ten year old vehicle will emit approximately 20 times the emissions of a new vehicle.

Private Hire Vehicles whether undertaking a local short journey or a long motorway airport trip are subject to sustained heavy use when compared to “normal” vehicle usage. Conveying up to eight passengers plus the driver.

The European Union has developed a number of emission control measures that all new vehicles must comply with. The aim of the Euro standards is to reduce overall vehicle pollution by over 25% by the year 2008. Requiring Private Hire Vehicles to be new or less than three years old when first licensed would meet Euro 2 emission regulations. Reducing significantly emission from the vehicles exhaust.

The three year limit would also ensure that Private Hire Vehicles would not only benefit from European Union emission controls but also manufacturers improvements in technology which offer greater safety and security for both passengers and drivers. Features such as anti-lock brakes, side impact bags and bars, air bags, intelligent seat belts etc.

Introducing an age limit on Private Hire Vehicles would bring their entry age limit into the trade in line with Hackney Carriage Vehicles. It would also ensure that persons entering the trade are committed to their investment and not just out to make a rapid profit to the detriment of committed Private Hire and Hackney Carriage Proprietors.

Granting licenses only to suitable new or used vehicles less than three years old on entry to the Private Hire trade would lead to a high quality fleet of more reliable, safer, less polluting vehicles supporting the Council’s objective of improving the local environment.

At present, all licensed vehicles, Hackney and Private Hire, are tested bi-annually by the testing station approved by the council. Recently, over a short period of time, vehicles have been found with the following faults prior to licence renewal.

Veh 1: 1996 Rover. Mileage 144758. 24 faults including brake, suspension and steering faults. (Having its first test, new plate). Veh 2: 1993 Vauxhall. Mileage 139418. 24 faults including brake faults, lights hanging off and serious oil leak.

Veh 3: 1993 Peugeot. Mileage 325458. 14 faults including brake and suspension faults.

Veh 4: 1996 Hyundai. Mileage 102661. 13 faults including brake and suspension faults.

Veh 5: 1993 Proton. Mileage 81791. 12 faults including steering problems. The general condition of this vehicle was poor.

Veh 6: 1993 Vauxhall. Mileage 228280. 15 faults including brakes, suspension and lights.

Veh 7: 1994 Rover. Mileage 112847. 5 faults including serious brakes and steering faults.

Veh 8: 1996 Mercedes. Mileage 270089. 11 faults including serious suspension faults.

Veh 9: 1998 Audi. Mileage 129888. 16 faults including serious brake and steering faults.

Veh 10: 1995 Citroen. Mileage 243286. 12 faults including lighting and serious brake and steering problems.

Veh 11: 1997 Renault. Mileage 212242. 5 faults including serious steering and brake faults.

Veh 12: 1994 Fiat. Mileage 85634. 11 faults including steering, brake and suspension faults.

Veh 13: 1995 Ford. Mileage 129487. 6 faults including serious brake and suspension faults.

Veh 14: 1994 Vauxhall. Mileage 97818. 13 faults including serious brake and suspension faults.

Veh 15: 1995 Citroen. Mileage 293544. 9 faults including serious brake and suspension faults.

It is of concern to the enforcement officers that these faults were present when fare paying passengers had hired the vehicle, sometimes the day before its test.

As can be seen from these examples both the high and low mileage older vehicles develop serious faults. Vehicles of most makes and models are affected. So-called prestige vehicles are not immune when faults start to develop due to high mileage and general wear and tear. The prime consideration when licensing these vehicles must be the safety of the public.

Although there may be a slight decrease in licensed vehicles initially, we are no doubt able to minimise this by staggering the introduction of the vehicle upper limit (8 years) over two years.

Having said this, no significant reduction in the number of vehicles licensed has been experienced by other authorities on introduction of these policies.

The intention is to renew those licenses of vehicles at present over 8 years until they reach an upper age limit of 10 years, subject to satisfactory testing by the council approved testing station. This will only apply to those vehicles reaching 8 years at their next plating. Together with the Licensing Officer the two Enforcement Officers are already enforcing the Private Hire Operator, Driver and Vehicle conditions. They will continue to do so.

Consultations

There have been ongoing consultations with the trade and other authorities. Some of those within the trade have already realised the advantage of purchasing newer vehicles. Others have consistently purchased older vehicles in the hope that they will pass the council test for two to three years, after which they will purchase another “old” vehicle with similar expectations.

In accordance with the Local Government (Access to Information) Act 1985, background papers used in the preparation of this report were:-

1. Local Government (Miscellaneous Provisions) Act 1976.
2. Conditions of fitness and licensing of Private Hire Vehicles.
3. European Union emission control standards.
4. Ford Motor Company research.

Directorates and Agencies Consulted

Wellingborough Council, Kettering Borough Council, Daventry District Council, Peterborough City Council and members of the National Association of Taxi and Private Hire Licensing and Enforcement Officers.

Background Papers

As file

Author and Contact Officer

Mr Bayliss Licensing Enforcement Officer Tel 01604 837837 x 7099